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2016 (10) TMI 835 - MADRAS HIGH COURT

2016 (10) TMI 835 - MADRAS HIGH COURT - TMI - Challenge to the SCN - maintainability of writ petition - charges/fees received for and after securitization of future receivables - Held that: - the show cause notice cannot be interdicted at this stage of the matter on the grounds canvassed by the petitioner. This is so because the grounds raised are all pure questions of fact and the impugned show cause notice having been issued under a Taxation Statute, as held by the Division Bench in the case o .....

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357 & 30358 of 2016 - Dated:- 5-10-2016 - T. S. Sivagnanam, J. For the Petitioner : Mrs.Pushya Sitaram, SC for Mr.Arun Kurian Joseph For the Respondent : Mr.K.Ravi, CGSC ORDER Mr.K.Ravi, learned Central Government Standing Counsel accepts notice for the respondent. Heard both. 2. The petitioner is an assessee on the file of the respondent under the provisions of the Finance Act and the challenge in this writ petition is to a show cause notice dated 9.6.2016 for the alleged non payment of service .....

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s suppressed the nature of transaction whereas factually, it is not so and that the petitioner maintains high ethical standards in their accounting. 5. The learned Senior Counsel has referred to a letter sent by the Superintendent of the respondent Department to the petitioner on 7.7.2010 and submitted that the Department was very well aware of the nature of transaction and stated that service tax is not payable. Therefore, it is submitted that the extended period of limitation could not have be .....

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ly to the show cause notice and ultimately, an order came to be passed, which appears to have confirmed the proposal in the show cause notice, as against which, the petitioner has preferred an appeal before the Customs, Excise and Service Tax Appellate Tribunal, which, in turn, granted an order of interim stay. 7. It is also submitted that the Central Board of Excise and Customs released a manual in 2012 titled 'Taxation of Services : an Education Guide', in which, the answer to question .....

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rvice tax periodically and there is no default on this aspect. 8. Hence, it is also submitted that the nature of transaction of the petitioner is, in fact, to sale of the property with full rights being transferred in the assignee and that except for the petitioner, no other non banking financial institution, which has been carrying on similar line of business activity, has been put to such problems and the impugned show cause notice would amount to harassment. 9. I have heard Mr.K.Ravi, learned .....

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ous and infringes a provision of law or a settled legal principle. 11. The endeavour of the learned Senior Counsel for the petitioner to state that the show cause notice amounts to harassment, that the question of suppression of fact will never arise and that there is no reason for invoking the extended period of limitation, are all essential questions of fact and further, the question as to whether the letter given by the Superintendent of the respondent Department to the petitioner dated 7.7.2 .....

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